How to File an Age Discrimination Lawsuit

Despite the number of baby boomers in the workforce, age discrimination remains a problem in many businesses. Many companies engage in deceitful and sometimes illegal practices to lay off or fire older workers so they won't have to pay higher salaries or benefits. If you're over 40 and feel you've been fired from your job due to your age, filing an age discrimination lawsuit may be your last resort.

Instructions

Difficulty: Moderate

1. Exhaust all other options to resolve the situation before calling an attorney. Gather all the facts of your case and first present them to the union or grievance board at your company. If you work for a smaller company and don't have this option, contact the Equal Employment Opportunity Commission (EEOC) and file a complaint with them.
2. Compile all the necessary details for a court case if your complaint with the EEOC is dismissed. You'll have to prove conclusively that you were let go because of your age.
3. Contact an attorney. Find employment discrimination lawyers in your state by checking workplacefairness.org, your local phone book or a lawyer referral service (see Resources below). Keep in mind that states have slightly different laws regarding age discrimination. Some states, for example, won't allow you to collect punitive damages on an age discrimination suit.
4. Discuss the legal approach with your attorney. It's hard to prove "intentional harm" in age discrimination cases, and many judges base their decisions on this.
5. Understand that pursuing and following through with an age discrimination lawsuit takes time and money. Before filing the suit, talk it over with your family. Depending on the company involved and the reason for your dismissal, the lawsuit may get a lot of publicity.